LEGAL LOGIC.

Dominion, Volume 4, Issue 1134, 23 May 1911, Page 6

LEGAL LOGIC.

[To tho Editor.] Sir,—The ■ decision given by - the judges In tho trial of Kennedy Macdonald is a serious menace to ' tho of justice, sinco it establishes a dangerous precedent which cannot be supported, beca'uso it appears that a. plea of illness combined with the expression of a. medical opinion, suggesting that imprisonment might lead to serious consequences _ is apparently sufficient to enable a guilty person to escape the pains and penalties of his misconduct. Assuming that the above proposition is expedient, it then follows, as a'logical deduction, that prisoners in gaol arc equally entitled to be set free if they can prove to the satisfaction of tho prison doctor that enforced restraint is -underniining their health,, and that/premature decay may'ensue. When tho facts are set forth in ' this way, the utter.absurdity of the premises is at once apparent. If T. K. Macdonald had been sent to tho Terrace Gaol he would have been treated, I presume, as a first-class misdemeanant; and'would have received all tho comforts • that ho could reasonably expect. Ho wonld also have perfect rest and quiet, combined with a plain, wholesome diet free from stimulants, and also medical attention, in addition. I have,' therefore, come to the conclusion that the tendency would be to prolong life, not to shorten.it.' The Emperor Napoleon tho First,'was; banished to a tropical climated not for- committing a crime, but because he was thought to menace tho peace of Europe. During his residence on-that barren'rock, he developed cancer ■if the stomach, and his medical_ adviser besought mercy on behalf of his illustrious patient, and pleaded.for his freedonij and rightly'so; but his judges, were inexorable. Justice should, of coiirse, bo tempered with mercy, but "the spirit of the age" invoked by one of tho judges is.evidently in a very sentimental mood *t present.—l am, etc., A. E. COITZENS, M.P.C.S., Eng.; L.E.C.Pi, Lond. : „ Brooklyn, May 21, 1911. . JHE MACDONALD CASE. [To the Editor.'l Sir, —Allow.me. to add,my note of in-., dignation at 'the verdict given by tivo Judges of the Supremo Court in this renjarkablo case. 1- look upon it as the most appalling disaster that has ever fallen upon New Zeafand. Since the socalled Liberal, Government has reigned. Now Zealand has" been through some dark passages, owing :fo tho doubtful reputn-.. tion of some of its public men; but never I>efoi;e has the vaguest doubt'been raised as'to the sonnil administration-of justice. After reading the case, -any ordinary intelligence .must note this significant fact, that in giving evidence as to itliu prisoner's health,-not one medical man suggested that he should not bo s'oiit to gaol—they merely suggested possibility of harmful effects. Sir, "the people of Now Zcaland, the mothers specially, should rise in a. .body, .and. thank you' for ithc splendid courage shown in your Articles upon this case. I wish. you., w.oukl.go. still further: and urge that a public meeting be called to denounce tho. principle. laid down by tho Judges, so that in the timo to come our children will hear that their fathers •s nnd mothers did not cnlmly submit to Buc'n flagrant injustice.—l am, ctc., ■ , lIONESTT.